Bill > HB1627

This bill amends sentencing laws to allow judges, in certain class C felony cases, to sentence repeat offenders to probation instead of mandatory incarceration, provided specific conditions are met. A class C felony is a less serious felony offense. Currently, repeat offenders convicted of certain felonies, including specific class C felonies, are subject to mandatory minimum prison sentences without the possibility of parole, which limits judicial discretion. This bill introduces an exception, allowing judges to grant probation if they find the offense is a class C felony, the defendant would benefit from probation, does not pose a danger to public safety, and that mandatory incarceration would cause hardship. As a condition of probation, the defendant would still be required to serve some jail time, and if probation is violated, the court can re-impose the original mandatory sentence. This change aims to promote rehabilitation, reduce incarceration costs, and allow for more just sentencing by giving judges more flexibility in cases where it aligns with public safety and rehabilitation goals.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1627&year=2026